Kerby v. Griffin

McALISTER, J.,

Dissenting.—I regret that it is not possible for me to concur in the conclusion reached by my colleagues and will state briefly the reasons why.

The complaint filed by the plaintiffs shows upon its face that the initiative petition filed with the Secretary of State proposing to amend certain sections of the Revised Code of 1928 and asking that it be submitted to the qualified electors of the staté for their approval or disapproval at the next regular general election was regular in form, signed by the required number of qualified electors and filed within the proper time, and…